Digest 127

February 12, 2020 Subsribe

SPBILF 2020 News

Lavrov: Cuban Delegation to Participate in SPBILF at a High Level

Santiago de Cuba (Republic of Cuba) hosted a meeting between Minister of Foreign Affairs of the Russian Federation Sergey Lavrov and Minister of Foreign Affairs of Cuba Bruno Rodríguez Parrilla.

Sergey Lavrov emphasized that Russia and Cuba work towards enhancement of economic cooperation and actively interact on the highest level. “High-level Cuban delegations have also confirmed their participation in a number of other events that are to take place in the upcoming months, including the Moscow Conference on International Security, St. Petersburg International Legal Forum, St. Petersburg International Economic Forum and other events,” minister said. [source: Ministry of the Foreign Affairs of the Russian Federation].

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«The digitalisation of museums has long surpassed its initial concept of preserving cultural heritage in the form of digital reproductions»

Discussion session “Digital Future of Museum: Permitted Boundaries“

With an exponential growth in the number of digital projects implemented within the walls of the Museum, digital reproductions of artworks, VR, 8K and so on have become an integral part of the Museum, and their cultural significance is no longer possible to ignore. Museums have entered a new era – the age of digital culture.

The digitalisation of museums has long surpassed its initial concept of preserving cultural heritage in the form of digital reproductions. Photo-, audio- and visual artworks are becoming self-sufficient, extraterritorial objects of intellectual property. Thus, instead of travelling to Saint Petersburg to visit the Hermitage, one can simply put on a VR helmet – or browse the entire Metropolitan Museum collection on a phone screen from any corner of the world.

The digital future is here. In addition to new horizons, limited only by the project author's fantasy and the scope of financing, it brings about new questions:

  • How to interact with the virtual reality within the existing legal framework?
  • What are the characteristics of digital culture and culture in a digital environment?
  • Does copyright restrict any unauthorised use of creative works, or is it acceptable to use such works for non-commercial, educational or cultural purposes without the author's consent?
  • The analysis of the current status and development trends of digital law as applied to culture. Where do the boundaries lie?

The present panel discussion will address these and other relevant issues.

«It is time for the development of standards for good contractual practice on indemnity clauses»

Discussion session “Contractual Indemnity: Contract Drafting and Litigation in Russian Law”

As of June 1, 2015, Article 406.1 appeared in the Civil Code of the Russian Federation. This article regulates contractual indemnity clauses. These new rules are aimed at regulating the common practice of including in the contracts of indemnity obligations by which one party undertakes to indemnify the other for losses arising out of any event specified in the contract. Inclusion in the contract of such clauses is a common practice in the conclusion of a number of commercial contracts (including contracts for the sale of shares, shareholder agreement, and many others). Over the past period, judicial practice began to form, which raised a number of important questions of the interpretation of the law.

In this regard, it is time for the development of standards for good contractual practice of structuring such contractual indemnities and clarifying the most important issues. This round table is aimed at the analysis of key aspects of the design of contractual indemnity and the development of proposals for case-law development, optimization and standardization of contractual work. During the round table, participants will exchange views on the agenda items, assess the relevant legal risks and put forward their proposals.

Artem Karapetov, Director of M-LOGOS Law Institute will act as the panel moderator.

«The role and aim of arbitral institution are transforming into the more global mission»

Discussion session “Arbitral Institutions – 2030”

Globalisation, technical and scientific progress as well as other political, economic and social factors have become an integral part of growth of arbitration and, in particular, arbitral institutions. These circumstances have initiated a number of challenges for arbitral institutions that are changing their practices. The role and aim of arbitral institution is transforming into the more global mission – 'driver' of worldwide progress of arbitration and its promotion in national jurisdictions.

The discussion session is dedicated to analysis of existing role of arbitral institutions as well as consideration of course of their further development. In particular, the following practical questions will be addressed:

  • Modern challenges which arbitral institutions are confronted with: digitalization, globalization as well as influence of geopolitical interests and social tendencies on arbitral process;
  • Evolution of the role of arbitral institution as administrator of arbitration and limits of its interference into the process;
  • Conflict between party autonomy and wide powers of arbitral institution on commencement and appointment stages;
  • Granting tribunal secretary certain powers on exercise of arbitrators’ functions;
  • Liability of arbitral institutions and their employees;
  • Role of arbitral institutions in promotion and strengthening best practices in arbitration and other forms of alternative dispute resolution.

Participants of the said discussion include counsels of the leading Russian and foreign arbitral institutions, arbitrators as well as other recognised experts in arbitration.